Tuesday, April 5, 2016

China



My God is better than your God.  My God doesn't want me to kill anyone.



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Irreconcilable conflict with client.  I want to wear yoga pants for our jury trial....client says no.  Law school didn't cover this.






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Ninth Circuit: Police Can Lie About Critical Traffic Stop Without Losing The Resulting Evidence

by jonathanturley
Judge_Paul_J._Watford546f4fb64f427.imageJust two weeks ago, Judge Paul Watford of the United States Court of Appeal for the Ninth Circuit was on the short list for the Supreme Court. Now he is back in the news with a notable decision where the court rejected the appeal of Hector Magallon-Lopez despite his showing that the police lied about the reason for the critical stop in his case. Watford, applying past Supreme Court cases, ruled that it does not matter if the police lied about the stop in the case. That led to an interesting exchange with a concurring colleague on the meaning of the controversial Whren case.



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One among the many Thai protestors massacred for protesting against the return of the tyrant Field Marshall Thanom Kittikachorn.



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This monk burned himself to oppose the tension between Vietnamese Christians and Buddhists. It is said that the monk didn’t flinch once.




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Lake Natron of Tanzania crystallizes birds and animals to death





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The last picture of Titanic sailing away, only to be lost forever




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This picture of Mahatma Gandhi and Charlie Chaplin sitting together





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And then this picture of Steve Jobs and Bill Gates chatting with each other






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A boy psyched on receiving new shoes in Austria during the Second World War




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ashleigh





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The Hindenburg disaster eliminated the existence of airships




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A young Stephen Hawking poses with his wife






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Turkish President Denounces Obama For Criticizing Him On This Crackdown on Free Press And Suggests President Lied About Meeting

by jonathanturley
220px-Recep_Tayyip_ErdoganPresident_Barack_ObamaTurkish President Tayyip Erdogan basically called President Barack Obama a liar this week after Obama said that he spoke to Erdogan about his concerns with the crackdown on journalists in Turkey. Erdogan said it never happened and accused Obama of essentially speaking behind his back. As we discussed last week, Erdogan has moved beyond his arresting of critics in Turkey to seeking the prosecution or censorship of any critics abroad. His comments further reflect his authoritarian definition of free speech as speech that by definition excludes any criticism of him.




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Cyprus Criminalizes The Questioning Of The Armenian Genocide

by jonathanturley
Cyprus is following the precarious path of countries like France and Russia in criminalizing one side of the historical debate over the genocide of Armenian Turks by Turkey. It is now a crime to deny that Ottoman Turks committed genocide against Armenian Turks a century ago, according to a resolution passed Cypriot parliament. While a French court later struck down its law, the addition of Cyprus among countries criminalizing historical debates is chilling and disconcerting.


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Prophet Orders Followers To Bury Him Alive To Bring Him Closer To His Spirits . . . Followers Later Dig Up Dead Prophet

by jonathanturley
surrealism-painting-grandfather-clock-grave-digger-irony-humor-art_zps780e9a81He was known as Prophet Shamiso Kanyama in Zimbabwe and he instructed his followers to bury him alive as part of his ritual to cleanse their house of evil spirits. They did and were surprised when they dug him up to find out that he was dead. Now the family involved in the ritual is accused of murder despite the "Prophet" demanding that he be buried.



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Ninth Circuit: Police Can Lie About Critical Traffic Stop Without Losing The Resulting Evidence


Judge_Paul_J._Watford546f4fb64f427.imageJust two weeks ago, Judge Paul Watford of the United States Court of Appeal for the Ninth Circuit was on the short list for the Supreme Court. Now he is back in the news with a notable decision where the court rejected the appeal of Hector Magallon-Lopez despite his showing that the police lied about the reason for the critical stop in his case. Watford, applying past Supreme Court cases, ruled that it does not matter if the police lied about the stop in the case. That led to an interesting exchange with a concurring colleague on the meaning of the controversial Whren case.
Hector Magallon-Lopez was challenged the admission of two pounds of methamphetamine seized in a 2012 search of his car. He argued for suppression on the basis that the police officer lied about why the suspect’s vehicle was being stopped. The officer claimed that Magallon-Lopez had failed to signal properly before changing lanes. In reality, it was a pre-planned stop based on a Drug Enforcement Agency wiretap intercept that indicated that two Hispanic males (one with a distinctive arm tattoo depicting a ghost and skull) would be transporting a supply of methamphetamine from Washington state to Minneapolis. The tip included the description of the car as a “green, black or white” car with Washington plates through Bozeman, Mont., between 3 a.m. and 4 a.m. on Sept. 28.
Around 3 a.m., the police spotted a green Volkwagen Passat with Washington plates, registered to Hector Lopez in Washington. Magallon-Lopez has a tattoo resembling a ghost or “grim reaper” on his right forearm and the other man was identified as Juan Sanchez whose name was first disclosed on the wiretap intercept. The search led to the seizure of methamphetamine hidden in a compartment under the trunk.
So the Court accepted that the police had lied about the stop. Watford said that the police had reasonable suspicion due to the confirmed facts from the intercept and found
That the officer lied about seeing Magallon-Lopez make an illegal lane change does not call into question the legality of the stop. The standard for determining whether probable cause or reasonable suspicion exists is an objective one; it does not turn either on the subjective thought processes of the officer or on whether the officer is truthful about the reason for the stop.
The holding by Watford is based on a controversial case from twenty years ago inWhren v. United States, 517 U.S. 806, 812–13 (1996). The Court ruled that police could conduct a pretextual stop, such a stop for minor traffic violations, to achieve a search so long as there is probable cause or reasonable suspicion to justify a traffic stop. Watford applied the controlling law including the holding in Devenpeck v. Alford, 543 U.S. 146, 153–55 (2004); United States v. Ramirez, 473 F.3d 1026, 1030–31 & n.2 (9th Cir. 2007) where the Court held:
While it is assuredly good police practice to inform a person of the reason for his arrest at the time he is taken into custody, we have never held that to be constitutionally required. Hence, the predictable consequence of a rule limiting the probable-cause inquiry to offenses closely related to (and supported by the same facts as) those identified by the arresting officer is not . . . that officers will cease making sham arrests on the hope that such arrests will later be validated, but rather that officers will cease providing reasons for arrest. And even if this option were to be foreclosed by adoption of a statutory or constitutional requirement, officers would simply give every reason for which probable cause could conceivably exist.
543 U.S. at 155 (footnote omitted).
While accepting the binding precedent from such cases, Judge Marsha Berzon wrote a concurrence to express her unease with such a rule and believed that Watford could have drawn a distinction in the case. She noted that
Whren and the other cases the majority cites do not deal directly with flat out lies about what police officers saw. Instead, Whren dealt with pretextual stops—that is, instances in which the officers did perceive actions that violated the traffic laws, but were really using the traffic violations as a basis for investigating some other crime.
She added:
“Is it fine for police officers flatly to tell the drivers they stop that they observed — or thought they observed — a traffic violation when they really did not?. We hold today that it is. And I cannot disagree, as the line of (prior) cases…seems to lead to ineluctably to that distressing conclusion…So long as the facts known to the officer establish reasonable suspicion to justify an investigatory stop, the stop is lawful even if the officer falsely cites as the basis for the stop a ground that is not supported by reasonable suspicion.”
She noted that a challenge could have been made under Montana law but that no such claim was made by the defendant:
Most relevant here—as Magallon-Lopez was stopped in Montana by a Montana officer—Montana requires an arresting officer to “inform the person to be arrested of the officer’s authority, of the intention to arrest that person, and of the cause of the arrest.” Mont. Code Ann. § 46-6-312 (emphasis added). Magallon-Lopez has not asserted that his arrest was unlawful under this provision, and Montana’s courts have not extended the statute, applicable only to “arrests,” to Terry-type stops premised on reasonable suspicion, as occurred here. Nonetheless, that Montana and other states have such laws in place may guard against the frequent use of stops similar to the one here.
That seems a rather undisguised invitation to states to act to counter the expansion of Whren and a reminder to counsel to consider challenges under state law when applicable.
It is an interesting opinion to come out at a time when Watford was considered for the Court but opposed by due to a view that he was soft of death penalty cases and immigration violations. Here he gave the police a resounding win in holding that police can knowingly lie about stops without losing the resulting evidence.
Here is the opinion: Magallon-Lopez opinion



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Family portraits are rewarding sometimes, but takes more patience than I have for shoots to last very long. Normally after about 30 minutes everyone is crying including me.








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 My whole trailer park is buzzing with our new neighbor.  We've crowned her our new queen.














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Republican leaders think they are so tough.  But I'll bet they don't even have the courage to sing John Lennon's song at one of their rallies. 

    Give Peace a Chance
    Two, one two three four
    Ev'rybody's talking about
    Bagism, Shagism, Dragism, Madism, Ragism, Tagism
    This-ism, that-ism, is-m, is-m, is-m.
    All we are saying is give peace a chance
    All we are saying is give peace a chance
    C'mon
    Ev'rybody's talking about Ministers,
    Sinisters, Banisters and canisters
    Bishops and Fishops and Rabbis and Pop eyes,
    And bye bye, bye byes.
    All we are saying is give peace a chance
    All we are saying is give peace a chance
    Let me tell you now
    Ev'rybody's talking about
    Revolution, evolution, masturbation,
    Flagellation, regulation, integrations,
    Meditations, United Nations,
    Congratulations.
    Ev'rybody's talking about
    John and Yoko, Timmy Leary, Rosemary,
    Tommy Smothers, Bobby Dylan, Tommy Cooper,
    Derek Taylor, Norman Mailer,
    Alan Ginsberg,… Full lyrics on Google Play

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China Censors Discussion Of Panama Papers Showing President’s Family Members With Millions in Foreign Bank Account

by jonathanturley
130px-Mao_Zedong_portraitIt appears that the Communist censors of China are concerned about more than just discussion of the absence of civil liberties. It appears that one of the greatest concerns for Communist censors is any proof that its Communist leaders are capitalists. Networks like Sina Weibo and Wechat has deplete all discussion of the Panama Papers leak which names several members of China's elite, including President Xi Jinping's brother-in-law, as hiding huge amounts of money in foreign accounts. Mao warned that "There is a serious tendency towards capitalism among the well-to-do peasants." It appears that the well-to-do peasants have discovered foreign bank accounts.

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